The Notion of Partible Inheritance and Its Judicial Characters (Provocari Contemporane) (Report‪)‬

Testamentary freedom is carried out within the limits foreseen by the law, where the most important is the one regarding partible inheritance. This involves the fact that there is a certain category of legals heirs of the defunct, named the heirs who are entitled to a portion of an inheritance (formed of succession of the disposer, his parents and the surviving spouse) that the law protects against the gifts in excess of the freely disposable portion of an estate carried out by the defunct through acts mortis causa or inter vivos, as well as against disinheritances made through the will. This part from the inheritance, that belongs to the heirs who are entitled to a portion of an inheritance according to the law, is named partible inheritance. What overtakes the partible inheritance is the disposable portion of an estate, that is the portion from the inheritance that the testate can freely dispose of. The acts for good and valuable consideration as well those for gratuitous use that are not gifts, but simple disinterested acts (for example the commodate), are not restrained by law,because they do not decrease the inheritance, of course in the measure that these acts are not disguised donations for which the law presents limits.